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Indybay Feature
Thu Jun 23 2011 (Updated 06/29/11)
Gary Johnson and Ed Frey Jailed for Six Months for Sleeping Protest
Homeless Activist Gary Johnson and Rights Attorney Ed Frey Jailed for Sleeping Protest
6/28 update: Ed Frey and Gary Johnson are out on bail, and their charges are pending appeal.

On June 10th, homeless activist Gary Johnson--repeatedly ticketed and arrested in the 3-month long Peace Camp 2010 protest against the Sleeping Ban at the Santa Cruz County Courthouse--was sentenced to six months in jail and taken there in chains for violating California's 'anti-lodging' law (647e). Activist-attorney Ed Frey, who initiated, supported, and was arrested during the protest, was jailed at the same hearing. Judge John Gallagher refused to suspend sentencing pending appeal, denied a motion for a new trial after several jurors complained of juror misconduct, and declined to answer Johnson's question of "how can I take probation to obey all laws, when you've defined 'sleeping' as lodging to the jury, making it a misdemeanor crime? How can I not sleep for six months during probation?"

Gary Johnson returned to court on Friday, June 24th at 8:30AM along with Ed Frey's attorney, Peter Leeming. The hearing was to seek a sentence modification. Ed is eligible for work furlough, but it has not started yet. He's currently at the Rountree Medium Security facility at 90 Rountree Lane in Watsonville. Ed will be seeking time served as his final sentence.

Read more | Notes on a Jury Empanelled to Criminalize Sleeping and Protest | previous coverage: Attorney Ed Frey Arrested on 35th Night of Santa Cruz Peace Camp 2010 | New "No Trespassing" Zone Closes City Hall Grounds at Night from 10pm to 6am
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